Judge: Salvatore Sirna, Case: 24PSCV00531, Date: 2025-03-06 Tentative Ruling

Case Number: 24PSCV00531    Hearing Date: March 6, 2025    Dept: G

Plaintiff The Club Homeowners Association’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff The Club Homeowners Association’s Application for Default Judgment is GRANTED in the reduced amount of $28,510.92.

BACKGROUND

This is an action arising from a dispute between a homeowner and a homeowners association. Plaintiff The Club Homeowners Association (The Club HOA) is a homeowners association. Defendant James H. Hamilton is the owner of real property located within the development on Endicott Drive in Claremont. As of November 2023, The Club HOA alleges Hamilton breached their declaration of covenants, conditions, and restrictions (CC&Rs) by failing to pay maintenance assessments and now owes $16,316.34.

On February 20, 2024, The Club HOA filed a complaint against Hamilton and Does 1-50, alleging causes of action for (1) breach of covenant and (2) foreclosure of real property assessment lien. From October 25, 2024, to November 15, 2024, The Club HOA served Hamilton by publication.

On January 15, 2025, the court entered default against Hamilton after Hamilton failed to file a timely answer. On February 21, 2025, The Club HOA submitted the present application for default judgment.

A CMC and OSC Re: Proof of Service/Default is set for March 6, 2025.

LEGAL STANDARD

Code of Civil Procedure section 585 permits entry of a default judgment after a party has filed to timely respond or appear.  A party seeking judgment on the default by the court must file a Request for Court Judgment, and: (1) a brief summary of the case; (2) declarations or other admissible evidence in support of the judgment requested; (3) interest computations as necessary; (4) a memorandum of costs and disbursements; (5) a proposed form of judgment; (6) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under CCP § 579, supported by a showing of grounds for each judgment; (7) exhibits as necessary; and (8) a request for attorneys’ fees if allowed by statute or by the agreement of the parties.  (Cal. Rules of Court 3.1800.)

ANALYSIS

The Club HOA seeks default judgment against Hamilton in the total amount of $32,678.38, including $24,917.84 in damages, $5,305.00 in attorney fees, and $2,455.54 in costs. Because the court finds The Club HOA has submitted sufficient evidence, the court GRANTS their application for default judgment with the following modification.

While The Club HOA requests the court award $5,305.00 in attorney fees, the court finds this amount excessive and unreasonable considering the routine and default nature of the present action. Instead, the court awards reasonable attorney fees in the amount of $1,137.54 pursuant to Local Rule 3.214 and reduces the total judgment awarded to $28,510.92.

CONCLUSION

Based on the foregoing, The Club HOA’s application for default judgment is GRANTED in the reduced amount of $28,510.92.